W. Va. Code R. § 135-20-14

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 135-20-14 - Penalties; Injunctive Relief

14.1. Any person, firm, corporation, partnership, association, degree-granting institution, or other entity making any false statement in any application or documentation submitted to the Council pursuant to this rule is guilty of perjury pursuant to W. Va. Code § 39-1-10a, and the Council may refer the matter to the prosecuting attorney of the county in which the institution operates.

14.2. The Council may seek an injunction against any institution and its officers and directors, as appropriate, in violation of any provision of this rule or condition of its authorization to compel compliance with and enjoin violations of this rule or conditions of authorization. The venue of any such action shall be the county in which the violation or noncompliance exists or is taking place. The circuit court may issue a temporary or preliminary injunction pending a decision on the merits of the petition for injunctive relief.

14.2.1. In seeking an injunction, it is not necessary for the Council to post a bond or to allege or prove at any stage of the proceeding that irreparable damage will occur if the injunction is not issued or that the remedy at law is inadequate.

14.2.2. The Council may file a petition for injunctive relief and the circuit court may grant the relief requested notwithstanding the fact that the Council did not exhaust or invoke against the institution all available administrative remedies, if any.

W. Va. Code R. § 135-20-14